AJIT SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri I. B. Singh, Senior Advocate, assisted by Awinash Vishen Advocate, the learned counsel for the applicant and Sri Shiv P. Shukla, the learned counsel for the respondent- C.B.I and perused the record.

(2.) By means of an instant application filed under Sec. 482 Cr.P.C., the applicant has prayed for quashing of the judgment and order of conviction dtd. 6/6/2019, passed by learned Special Judicial Magistrate, C.B.I. Lucknow in Case No.4603 of 2009, arising out of F.I.R. registered as RC No.01(S)/2006/CBI/SCB/LKO dtd. 12/1/2006, under Ss. 120-B, 420, 466, 467, 468, 471, 477-A I.P.C. and all the consequent proceedings, on the ground that the informant and the accused persons have entered into a settlement.

(3.) The aforesaid case was registered on the basis of a complaint lodged by the opposite party no. 2 - Arvind Mohan Jauhari, against the applicants alleging that some documents relating to annual returns of M/s Carlton Hotel Private Limited (hereinafter referred to as 'the Company') have been forged for the years 1997, 1998 and 1999. After carrying out a preliminary inquiry, the C.B.I. lodged an F.I.R on 12/1/2006, against one V. K. Gupta, F.C.A (applicant no. 3) and some unknown persons, alleging that in the annual returns made up to 30/9/1997, 29/9/1998 and 30/9/1999 filed by the Company, some papers were inserted or changed subsequently, evidencing forgery by the named accused V. K. Gupta, who had inspected the documents of the Company on 22/3/2001 and 10/4/2001.